DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Pub No. 20050124858 to Matsuzawa et al. (hereinafter “Matsu” – on IDS) in view of CN104398231A to Yuan et al. (hereinafter “Yuan” – on IDS).
Regarding claim 1. (Original) Mats discloses a capsule endoscope imaging device (abstract, para 0009, 0061, 0090, etc. “capsule type endoscope”) , comprising: first lamp bodies, which emit white light (para 0090, para 0174 “light emitting portion 241 emitting white light”); second lamp bodies, which emit light (para 0174, “another light emitting portion 242”, para 0177 “light-emitting portions 242 (242A)”) with a central wavelength of 510nm-540nm (para 0177, “light-emitting portions 242 (242A) [], red light 485-515 nm”; "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976)); third lamp bodies, which emit light with a central wavelength of 400nm-420nm (para 0174, “another light emitting portion 242”, para 0177 “light-emitting portions 242 (242B) [], blue light (400-430 nm)”; optimizing the range, “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955));
Matz discloses light-emitting portions 241, 242 (242A and 242B) are separately controlled by an LED driving circuit (para 0174, 0178 “light-emitting portions 241 and 242 are separately controlled by the LED driving circuit,”).
However, Matz fails to disclose having a first control circuit, which is connected to the first lamp bodies, for adjusting exposure time or voltage of the first lamp bodies; a second control circuit, which is connected to the second lamp bodies, for adjusting exposure time or voltage of the second lamp bodies; a third control circuit, which is connected to the third lamp bodies, for adjusting exposure time or voltage of the third lamp bodies.
Yuan, from a similar field of endeavor, teaches a stereoscopic endoscope light source brightness adjustment system and method, and provides the motivation for adjusting the brightness of a light source by changing the magnitude of a working voltage of a cold light source, to avoid image blurring and image overexposure. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the motivation to the first control circuit, second control circuit, and the third control circuit of Matz, to adjust the brightness of the first, second and third lamp body, as taught by Yuan, to provide the predictable result of avoiding image blurring and image overexposure. Moreover, an exposure time is a conventional substation means for a voltage.
Regarding claim 2. (Original) Matz as modified by Yuan renders obvious the capsule endoscope imaging device of claim 1, wherein before the second control circuit adjusts the exposure time or voltage of the second lamp bodies and the third control circuit adjusts the exposure time or voltage of the third lamp bodies, a ratio of luminous energy of the third lamp bodies to luminous energy of the second lamp bodies is Ki, and after the second control circuit adjusts the exposure time or voltage of the second lamp bodies and the third control circuit adjusts the exposure time or voltage of the third lamp bodies, the ratio of the luminous energy of the third lamp bodies to the luminous energy of the second lamp bodies is K2, wherein K1=K2 (It is noted that the claim does not provide any details regarding the adjustment nor does it require any specific steps to keep the ratio of luminous energy between the second and third lamp bodies. Under its broadest reasonable interpretation, Matz discloses a device that is capable of operating while maintaining a ratio. Furthermore, Matz 0174 discloses turning the lights off/on, which inherently would include a ratio, as desired). MPEP 2143 (E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success.
Regarding claim 3. (Original) Matz as modified by Yuan renders obvious the capsule endoscope imaging device of claim 1, wherein before the second control circuit adjusts the exposure time or voltage of the second lamp bodies and the third control circuit adjusts the exposure time or voltage of the third lamp bodies, the ratio of luminous energy of the third lamp bodies to luminous energy of the second lamp bodies is Ki, and after the second control circuit adjusts the exposure time or voltage of the second lamp bodies and the third control circuit adjusts the exposure time or voltage of the third lamp bodies, the ratio of the luminous energy of the third lamp bodies to the luminous energy of the second lamp bodies is K2, wherein Ki (does not equal) K2 (It is noted that the claim does not provide any details regarding the adjustment nor does it require any specific steps to keep the ratio of luminous energy between the second and third lamp bodies. Under its broadest reasonable interpretation, Matz discloses a device that is capable of operating while maintaining a ratio. Furthermore, Matz 0174 discloses turning the lights off/on, which inherently would include a ratio, as desired). MPEP 2143 (E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success.
Regarding claim 4. (Original) Matz as modified by Yuan renders obvious the capsule endoscope imaging device of claim 1, wherein the capsule endoscope imaging device further comprises a mounting board, with the first lamp bodies, the second lamp bodies and the third lamp bodies distributed on the mounting board along its circumferential direction (Matz, fig. 30A-B, para 0167).
Regarding claim 5. (Original) Matz as modified by Yuan renders obvious the capsule endoscope imaging device of claim 4, wherein at least two of each of the first lamp bodies, the second lamp bodies, and the third lamp bodies are provided, and the first lamp bodies, the second lamp bodies, and the third lamp bodies are distributed alternately on the mounting board (Matz, figs 30-32).
Regarding claim 6. (Original) Matz as modified by Yuan renders obvious the capsule endoscope imaging device of claim 4, wherein at least two first lamp bodies are provided, and evenly distributed on the mounting board, with the second lamp bodies and the third lamp bodies also evenly distributed on the mounting board (Matz, figs 30-32).
Regarding claim 7. (Original) Matz as modified by Yuan renders obvious the capsule endoscope imaging device of claim 1, wherein the first lamp bodies, the second lamp bodies, and the third lamp bodies are LED lights (Matz, para 0169 “LED”).
Regarding claim 8. (Currently amended) Matz as modified by Yuan renders obvious a capsule endoscope, wherein the capsule endoscope comprises the capsule endoscope imaging device according to claim 1 (Matz, para 0172)
Regarding claim 9. (Currently amended) Matz as modified by Yuan renders obvious an imaging method for the capsule endoscope imaging device according to claim 1, wherein the imaging method comprises: pre-setting a brightness value Jr of an image under ideal imaging conditions; acquiring a brightness value Jo of an image captured by a camera of the capsule endoscope (Matz, para 0174 “image is acquired”, Yuan, image acquisition module); comparing the brightness value Jo with the brightness value Ir, and adjusting the exposure time or voltage of one or more of the first lamp bodies, the second lamp bodies and the third lamp bodies according to the comparison result, to adjust the imaging effect of the first lamp bodies, the second lamp bodies, or the third lamp bodies (Matz, para 0079, 0082, 0122). MPEP 2143 (E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success.
Regarding claim 10. (Original) The imaging method of claim 9, wherein, when adjusting the imaging effect of the first lamp bodies, pre-setting a brightness value Irn of a white light image under ideal imaging conditions; acquiring a brightness value Joi of a white light image captured by the camera;
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comparing the brightness value Joi with the brightness value Irn, increasing exposure time T~i or voltage V~i of the first lamp bodies when Joi is less than I n and decreasing the exposure time T~i or voltage V~i when Joi is greater than Irl (Yuan, description, adjusting the light sources).
Regarding claim 11. (Original) The imaging method of claim 10, wherein, in the step of increasing or decreasing the
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exposure time T~i or voltage V~i of the first lamp bodies, calculating an initial luminous energy Wwoi of the first lamp bodies based on an initial voltage Vwoi and an initial exposure time twoi of the first lamp bodies;calculating luminous energy Wwwl of the first lamp bodies based on the exposure time T~i or voltage V~i of the first lamp bodies after increase or decrease; increasing the exposure time T~i or voltage V~i of the first lamp bodies by a control circuit
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when the brightness value Joi is less than the brightness value I n
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to make Wwwi>Wwoi; anddecreasing the exposure time T~i or voltage V~i of the first lamp bodies by the control circuit when the brightness value Joi is greater than the brightness value I n to make Ww~i<Wwoi (Yuan, description, adjusting the light sources, compare it with the image brightness threshold, etc.).
Regarding claim 12. (Original) The imaging method of claim 9, wherein, when adjusting the imaging effect of the second lamp bodies and the third lamp bodies, pre-setting a brightness value Ir2 of a narrow-band light image under ideal imaging conditions; acquiring a brightness value 102 of a narrow-band light image captured by the camera;comparing the brightness value 102 with the brightness value Jr2, increasing exposure time TW2 and/or voltage VW2 of the second lamp bodies and/or the third lamp bodies when I02 is less than and decreasing the exposure time TW2 and/or voltage VW2 of the second lamp bodies and/or the third lamp bodies when I02 is greater than Ir2 (Yuan, description, adjusting the light sources, compare it with the image brightness threshold, etc.).
Regarding claim 13. (Original) The imaging method of claim 12, wherein, before adjusting the exposure time TW2 and/or voltage VW2 of the second lamp bodies and/or the third lamp bodies, a ratio of luminous energy of the third lamp bodies to luminous energy of the second lamp bodies is Ki, and after adjusting the exposure time TW2 and/or voltage VW2 of the second lamp bodies and/or the third lamp bodies, the ratio of the luminous energy of the third lamp bodies to the luminous energy of the second lamp bodies is K2, wherein Ki= K2 (Yuan, description, adjusting the light sources, compare it with the image brightness threshold, etc.).
Regarding claim 14. (Original) The imaging method of claim 12, wherein, before adjusting the exposure time TW2 and/or voltage VW2 of the second lamp bodies and/or the third lamp bodies, a ratio of luminous energy of the third lamp bodies to luminous energy of the second lamp bodies is Ki, and after adjusting the exposure time TW2 and/or voltage VW2 of the second lamp bodies and/or the third lamp bodies, the ratio of the luminous energy of the third lamp bodies to the luminous energy of the second lamp bodies is K2, wherein Kid K2. (Yuan, description, adjusting the light sources, compare it with the image brightness threshold, etc.).
Regarding claim 15. (Original) The imaging method of claim 12, wherein the step of increasing or decreasing the exposure time TW2 or voltage VW2 of the second lamp bodies and/or the third lamp bodies comprises: calculating an initial luminous energy Ww02 of the second lamp bodies based on an initial voltage Vw02 and an initial exposure time tw02 of the second lamp bodies; calculating an initial luminous energy Wwo3 of the third lamp bodies based on an initial voltage Vwo3 and an initial exposure time tw03 of the third lamp bodies; increasing or decreasing the exposure time TW2 and/or voltage VW2 of the second lamp bodies and the third lamp bodies, and calculating luminous energy WW2 of the second lamp bodies and luminous energy Ww3 of the third lamp bodies; making Ww2>WW02 and Ww3 >WW03 when the brightness value 102 is less than the brightness value Ire; making Ww2<Wwo2 and Ww3<Wwo3 when the brightness value 102 is greater than the brightness value Ir2 (Yuan, description, adjusting the light sources, compare it with the image brightness threshold, etc.).
Double Patenting
Claim 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 of U.S. Patent No. 18/722,584. Although the claims at issue are not identical, they are not patentably distinct from each other.
Conclusion
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/SANA SAHAND/Examiner, Art Unit 3796